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Defendant shall be punished by a fine of KRW 500,000.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
On December 10, 2011, the Defendant opened a cartoon image file containing sexual intercourse, etc. with juveniles on the bulletin board of the adult data center “ID (ID: d) by accessing the Internet file (http:/www.www.co.), which is an Internet file-sharing site, in the Defendant’s residence located in Busan-gu, Busan-gu., Busan-do, to the Defendant’s account under the name of the Defendant.”
From March 16, 2012 to August 31, 2012, the Defendant openly displayed child and juvenile pornography by paying cash points to unspecified number of big files members and allowing them to be seen through a computer screen.
Summary of Evidence
1. Defendant's legal statement;
1. 빅파일 음란동영상 스크린샷 법령의 적용
1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant criminal facts and the selection of punishment therefor;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Of the facts charged in the instant case, regarding the fact that the Defendant openly displayed child or juvenile pornography as stated in the criminal facts from December 10, 201 to March 15, 2012, among the non-guilty charges of this case under Article 13(1), Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Children and Juveniles against Sexual Abuse, it is recognized that the obscene material for which the Defendant displayed a file on the file is a video cartoon with the sexual intercourse with the female student who was sexual intercourse with his/her uniforms. Thus, Article 2 subparag. 4 and 5 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sept. 15, 2011) which was enforced at the time stated in the aforementioned facts charged is defined as the expression of sexual intercourse, etc. by the child or juvenile pornography. This is not a child or juvenile pornography file’s appearance.